JOHOR BARU, April 18 — The Sessions Court here has sentenced an 19-year-old teenager to seven strokes of a light cane for animal abuse and setting a dog on fire last month.
Sessions Court Judge Datuk Che Wan Zaidi Che Wan Ibrahim also ordered Braden Yap Hong Sheng to be released on a good behaviour bond for a year with a surety of RM10,000 after he pleaded guilty on April 12.
The court also ordered that the light caning on Yap to be held in open court at 9am on May 21 next month.
Under Section 293 of the Criminal Procedure Code (CPC), when a youth offender is convicted before any criminal court, the court may instead choose an alternate punishment.
Section 293(1)(c) of the CPC allows the court to order the offender, if male, to be whipped with not more than seven strokes of a light cane within the court premises and in the presence of the parent and guardian.
Che Wan Zaidi said the court handed down the sentence after considering several factors.
He explained that the decision of the judgment was made after the court considered the appeal from the lawyer, the arguments of the prosecutor and the facts of the case.
According to Che Wan Zaidi, the decision was also made after considering that it was Yap’s first offence, in addition to being a young offender and stating that he had repented and had pleaded guilty at the initial stage of the trial.
“Yap was also not given a prison sentence because it was not appropriate as he is still young and has a long future ahead of him. However, the court takes seriously the inhumane acts committed by him.
“It is the court's responsibility to give an appropriate punishment, taking into account the public interest factor as a lesson to Yap and the community so that this act does not happen again in the future,” he said.
Che Wan Zaidi said whatever threat the dog made against Yap, he should not acted cruelly just out of hurt. He should have made a report to the enforcement agency for them to take action.
“Every living being, including animals, has a fundamental right to be protected by the law and live in peace,” he said in his judgment.
On April 21, Yap pleaded guilty in the Sessions Court here to the charge, but he was represented by lawyer P. Rajakunaseelan who represented him at the time requested a postponement of the sentence because lawyer GK Sritharan, who was supposed to represent his client, could not attend because he was abroad before the court set on Tuesday for sentencing.
Based on the charge sheet, Yap was charged with cruelly causing undue pain to a brown female dog in front of a premises at Jalan Impian Emas 22, Taman Impian Emas, Skudai here on March 27 at 1.49am.
For that act, Yap was charged in under Section 29(1)(e) of the Animal Welfare Act 2015 and can be punished under Section 29(1) of the same Act which provides for a fine of up to RM100,000 or a maximum imprisonment of three years or both if found guilty.
Veterinary Services Department prosecution officer Mohd Zamri Ishak prosecuted the case while Sritharan represented Yap.
